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1997 Supreme(Mad) 1106

JAGADISAN
V. K. Thanikachalam – Appellant
Versus
Parameswari Ammal and others – Respondent


Appearing Advocates:Mr.V. Balasubramanian, Advocate for Appellant. Mr.S. Sadasivam, Mr.Sriram Panchu, Advocates for Respondents.

Judgment :-

1. The petitioner in the revision as well as the appellant in the appeal is one and the same. For the purpose of convenience, I refer the parties as described in the revision. The petitioner filed O.P. No. 1 of 1984 for the grant of probate in respect of the will executed by one Rajammal. His case is that the deceased testator executed the Will on 25.12.1978 by bequeathing the properties in his favour. Earlier, he wanted to register the Will before the Joint Sub-Registrar No. I, Vellore. The respondents opposed the same and after due enquiry, the Sub-Registrar refused to register the Will, finding that the Will is not genuine. As against that he preferred an appeal before the District Registrar, Vellore who also confirmed the order of sub- Registrar. Hence the O.P. has been filed.

2. The respondents contested the claim of the petitioner stating that the Will relied upon by the petitioner is a forged one. Further the deceased had already executed a registered Will on 4.3.76. As the registering authorities have found that the Will produced by the petitioner is a forged one, the O.P. itself is not maintainable. The respondents further filed an application I.A.991 of 1990 t

























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